Crimes and Domestic Animals Acts Amendment
(Offences and Penalties) Act 2011
No. 55 of 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—AMENDMENTS TO THE CRIMES ACT 1958
3
New Division 9AA of Part I inserted
3
Division 9AA—Offences connected with dangerous,
menacing and restricted breed dogs
3
319A
319B
319C
Definitions
Failure to control dangerous, menacing or restricted
breed dog that kills person
Recklessness as to whether controlling dangerous,
menacing or restricted breed dog may place another
person in danger of death
PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994
4
5
6
7
8
9
10
11
12
13
14
15
16
17
3
Offences and liability relating to dog attacks
Notification of Council
Restraint of dangerous dogs when on owner's premises
Identification of dangerous dogs
Restraint of dangerous dogs off the owner's premises
Notification of Council in relation to menacing dog
Restraint of menacing dogs
Prohibition on keeping a restricted breed dog
Notifications
Restraint of restricted breed dogs when on owner's premises
Warning signs for restricted breed dogs
New section 41HA inserted
41HA Identification of restricted breed dogs
Restraint of restricted breed dogs off the owner's premises
Limitation on ownership of restricted breed dogs
i
3
4
5
7
7
7
7
7
8
8
8
8
8
9
9
9
9
10
10
Section
18
19
20
21
Page
New section 41K substituted
41K
Prohibition on transfer of ownership of restricted
breed dogs
Prohibition on minor having control of dog outside owner's
premises
Penalties to be paid for offences under infringement notices
Regulations
PART 4—REPEAL OF AMENDING ACT
22
Repeal
10
10
11
11
11
12
12
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ENDNOTES
13
ii
Victoria
Crimes and Domestic Animals Acts
Amendment (Offences and Penalties)
Act 2011†
No. 55 of 2011
[Assented to 2 November 2011]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Crimes Act 1958 to create new
offences relating to the death or
endangerment of life of a person caused by a
person failing to control a dangerous,
menacing or restricted breed dog; and
1
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
s. 2
Part 1—Preliminary
(b) to amend the Domestic Animals Act 1994—
(i) to increase penalties for certain
offences under that Act; and
(ii) to create a new offence relating to the
transfer of ownership of restricted
breed dogs.
2 Commencement
This Act comes into operation on the day after the
day on which this Act receives the Royal Assent.
__________________
2
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Part 2—Amendments to the Crimes Act 1958
s. 3
PART 2—AMENDMENTS TO THE CRIMES ACT 1958
3 New Division 9AA of Part I inserted
After Division 9 of Part I of the Crimes Act 1958
insert—
"Division 9AA—Offences connected with
dangerous, menacing and restricted breed dogs
319A Definitions
In this Division—
control, in relation to a dangerous dog,
menacing dog or restricted breed dog,
includes failing to comply with any of
the requirements under sections 24,
26(1), 28, 29, 38, 39, 40, 41, 41E,
41F(1)(a), 41G, 41H, 41HA and 41I of
the Domestic Animals Act 1994;
dangerous dog has the same meaning as in
section 3(1) of the Domestic Animals
Act 1994;
menacing dog has the same meaning as in
section 3(1) of the Domestic Animals
Act 1994;
owner, in relation to a dangerous dog,
menacing dog or restricted breed dog,
has the same meaning as in section 3(1)
of the Domestic Animals Act 1994 and
includes a person who is deemed to be
an owner of the dog under section 4 of
that Act;
3
See:
Act No.
6231.
Reprint No. 22
as at
17 March
2010
and
amending
Act Nos
16/2004,
87/2009 (as
amended by
No. 30/2010),
13/2010,
49/2010,
53/2010,
63/2010,
64/2010,
65/2010,
20/2011,
27/2011 and
43/2011.
LawToday:
www.
legislation.
vic.gov.au
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
s. 3
Part 2—Amendments to the Crimes Act 1958
restricted breed dog has the same meaning
as in section 3(1) of the Domestic
Animals Act 1994 and includes a dog
that is taken under section 3(3) of that
Act to be a restricted breed dog.
319B Failure to control dangerous, menacing or
restricted breed dog that kills person
(1) If—
(a) an owner of a dangerous dog, menacing
dog or restricted breed dog fails to keep
the dog under control; and
(b) the dog kills another person
(the victim); and
(c) a reasonable person would have
realised that that failure would expose
the victim or any other person to an
appreciable risk of death—
the owner is guilty of an indictable offence
and liable to level 5 imprisonment (10 years
maximum).
(2) If—
(a) a person (other than the owner of a
dangerous dog, menacing dog or
restricted breed dog)—
(i) is, for the time being, in charge or
has care of the dog; and
(ii) fails to keep the dog under
control; and
(iii) is reckless as to whether the dog is
a dangerous dog, menacing dog or
restricted breed dog; and
4
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Part 2—Amendments to the Crimes Act 1958
(b) the dog kills another person
(the victim); and
(c) a reasonable person would have
realised that that failure would expose
the victim or any other person to an
appreciable risk of death—
the first mentioned person is guilty of an
indictable offence and liable to level 5
imprisonment (10 years maximum).
319C Recklessness as to whether controlling
dangerous, menacing or restricted breed
dog may place another person in danger
of death
(1) An owner of a dangerous dog, menacing dog
or restricted breed dog who, without lawful
excuse, recklessly engages in conduct so that
the dog is not under control, and that conduct
places or may place another person in danger
of death, is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum).
(2) A person (other than the owner of a
dangerous dog, menacing dog or restricted
breed dog) who—
(a) for the time being, is in charge or has
care of the dog; and
(b) is reckless as to whether the dog is a
dangerous dog, menacing dog or
restricted breed dog; and
5
s. 3
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
s. 3
Part 2—Amendments to the Crimes Act 1958
(c) without lawful excuse, recklessly
engages in conduct so that the dog is
not under control, and that conduct
places or may place another person in
danger of death—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years
maximum).".
__________________
6
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Part 3—Amendments to the Domestic Animals Act 1994
s. 4
PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS
ACT 1994
4 Offences and liability relating to dog attacks
(1) In section 29(1) and (2) of the Domestic Animals
Act 1994, after "premises," insert "or a restricted
breed dog".
(2) In section 29(3), (4), (5) and (6) of the Domestic
Animals Act 1994, after "dangerous dog" insert
"or a restricted breed dog".
5 Notification of Council
In section 37 of the Domestic Animals Act
1994—
(a) for the penalty at the foot of subsection (1)
substitute—
"Penalty: 10 penalty units.";
(b) for the penalty at the foot of subsection (2)
substitute—
"Penalty: 20 penalty units.".
6 Restraint of dangerous dogs when on owner's
premises
For the penalty at the foot of section 38(1) and (2)
of the Domestic Animals Act 1994 substitute—
"Penalty: 20 penalty units.".
7 Identification of dangerous dogs
For the penalty at the foot of section 40 of the
Domestic Animals Act 1994 substitute—
"Penalty: 40 penalty units.".
7
See:
Act No.
81/1994.
Reprint No. 5
as at
1 September
2010
and
amending
Act Nos
44/2010,
78/2010 and
39/2011.
LawToday:
www.
legislation.
vic.gov.au
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
s. 8
Part 3—Amendments to the Domestic Animals Act 1994
8 Restraint of dangerous dogs off the owner's
premises
In section 41(1) of the Domestic Animals Act
1994, for "5 penalty units for a first offence and
10 penalty units for a second or subsequent
offence" substitute "40 penalty units".
9 Notification of Council in relation to menacing dog
For the penalty at the foot of section 41D of the
Domestic Animals Act 1994 substitute—
"Penalty: 20 penalty units.".
10 Restraint of menacing dogs
In section 41E(2) of the Domestic Animals Act
1994 for "4 penalty units" substitute "16 penalty
units".
11 Prohibition on keeping a restricted breed dog
For the penalty at the foot of section 41EA(1) of
the Domestic Animals Act 1994 substitute—
"Penalty: 40 penalty units.".
12 Notifications
(1) After section 41F(1)(ab) of the Domestic
Animals Act 1994 insert—
"(ac) the dog is sold, given or otherwise
transferred to them under section 41K; or".
(2) For the penalty at the foot of section 41F(1) of the
Domestic Animals Act 1994 substitute—
"Penalty: 20 penalty units.".
(3) For section 41F(2) of the Domestic Animals Act
1994 substitute—
"(1A) Notice given under subsection (1)(ac) must
include details of the relationship between
the new owner and the previous owner of the
restricted breed dog.
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Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Part 3—Amendments to the Domestic Animals Act 1994
(2) If a person proposes to sell or give a
restricted breed dog to another person or
otherwise transfer the ownership of the dog
to another person, the person must, before
doing so, advise the other person in writing
that the dog is a restricted breed dog.
Penalty: 5 penalty units.
Note
Section 41K prohibits a person from selling, giving or
otherwise transferring ownership of a restricted breed
dog except in certain circumstances.".
13 Restraint of restricted breed dogs when on owner's
premises
For the penalty at the foot of section 41G(1) of the
Domestic Animals Act 1994 substitute—
"Penalty: 20 penalty units.".
14 Warning signs for restricted breed dogs
For the penalty at the foot of section 41H of the
Domestic Animals Act 1994 substitute—
"Penalty: For a first offence, 5 penalty units;
For a second or subsequent offence,
10 penalty units.".
15 New section 41HA inserted
After section 41H of the Domestic Animals Act
1994 insert—
"41HA Identification of restricted breed dogs
The owner of a restricted breed dog must
ensure that at all times the dog wears a collar
of the kind prescribed.
Penalty: 40 penalty units.".
9
s. 13
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
s. 16
Part 3—Amendments to the Domestic Animals Act 1994
16 Restraint of restricted breed dogs off the owner's
premises
In section 41I of the Domestic Animals Act 1994,
for "5 penalty units" substitute "40 penalty units".
17 Limitation on ownership of restricted breed dogs
For the penalty at the foot of section 41J(1), (5)
and (6) of the Domestic Animals Act 1994
substitute—
"Penalty: 10 penalty units.".
18 New section 41K substituted
For section 41K of the Domestic Animals Act
1994 substitute—
"41K Prohibition on transfer of ownership of
restricted breed dogs
(1) A person must not sell or transfer (whether
by giving or otherwise) ownership of a
restricted breed dog to another person.
Penalty: 5 penalty units.
(2) Subsection (1) does not apply if the person
surrenders the dog to a Council or a person
who provides pound services to a Council
under an agreement with the Council under
section 84Y so that the Council or that
person may destroy the dog.
(3) Subsection (1) does not apply if—
(a) the owner of the dog has died; and
(b) the dog was registered as a restricted
breed dog or another breed of dog in
Victoria immediately before the
commencement of the Domestic
Animals Amendment (Restricted
Breeds) Act 2011; and
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Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Part 3—Amendments to the Domestic Animals Act 1994
(c) the person sells or transfers (by giving,
or otherwise) ownership of the dog to
the husband, wife, domestic partner,
parent, child or sibling (a related
person) of the owner of the dog and
that related person is of or over the age
of 17 years.
(4) In this section—
domestic partner has the same meaning as in
section 3(1) of the Victims of Crime
Assistance Act 1996.".
19 Prohibition on minor having control of dog outside
owner's premises
In section 41L of the Domestic Animals Act
1994, for "5 penalty units" substitute "10 penalty
units".
20 Penalties to be paid for offences under infringement
notices
In section 88 of the Domestic Animals Act 1994,
for "5 penalty units" substitute "12 penalty units".
21 Regulations
(1) In section 100(1)(fc) of the Domestic Animals
Act 1994, for "5 penalty units" substitute
"12 penalty units".
(2) In section 100(2)(d) of the Domestic Animals Act
1994, for "10 penalty units" substitute
"20 penalty units".
__________________
11
s. 19
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Part 4—Repeal of Amending Act
s. 22
PART 4—REPEAL OF AMENDING ACT
22 Repeal
This Act is repealed on the first anniversary of its
commencement.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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12
Crimes and Domestic Animals Acts Amendment (Offences and Penalties)
Act 2011
No. 55 of 2011
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 14 September 2011
Legislative Council: 13 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the
Crimes Act 1958 and the Domestic Animals Act 1994 and for other
purposes."
13